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Terms and Conditions

 

 

Terms and conditions of use

 

 

 


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR OUR SERVICES. All users of this site agree that access to and use of this site and our services are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

 

"Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.  

 




 

1.         Introduction

 

1.1     These terms and conditions shall govern your use of our website.

 

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

 

1.3     If you register with our website (Detail Central), submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

 

1.4     You must be at least 18 years of age to use our website or have consent from your legal guardian; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age or have consent from your legal guardian.

 

1.5     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

2.         Copyright notice

 

2.1     Copyright (c) 2017 of first publication Detail Central PTY LTD.

 

2.2     Subject to the express provisions of these terms and conditions:

 

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

 

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

3.         Licence to use website

 

3.1     You may:

 

(a)      view pages from our website in a web browser;

 

(b)      download pages from our website for caching in a web browser;

 

(c)      print pages from our website;

 

(d)      stream audio and video files from our website; and

 

(e)      use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

 

3.2     Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

 

3.3     You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

 

3.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

 

3.5     Unless you own or control the relevant rights in the material, you must not:

 

(a)      republish material from our website (including republication on another website);

 

(b)      sell, rent or sub-license material from our website;

 

(c)      show any material from our website in public;

 

(d)      exploit material from our website for a commercial purpose; or

 

(e)      redistribute material from our website.

 

3.6     [Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].]

 

3.7     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

4.         Acceptable use

 

4.1     You must not:

 

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

 

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

 

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

 

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

 

(e)      access or otherwise interact with our website using any robot, spider or other automated means;

 

(f)      violate the directives set out in the robots.txt file for our website; or

 

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 

4.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

 

4.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

5.         Registration and accounts

 

5.1     To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age and or have the consent of your legal guardian.

 

5.2     You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

 

5.3     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

 

5.4     You must not use any other person's account to access the website, unless you have that person's express permission to do so.

 

6.         User IDs and passwords

 

6.1     If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password.

 

6.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

 

6.3     You must keep your password confidential.

 

6.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

 

6.5     You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

7.         Cancellation and suspension of account

 

7.1     We may:

 

(a)      suspend your account;

 

(b)      cancel your account; and/or

 

(c)      edit your account details, at any time in our sole discretion without notice or explanation.

 

7.2     You may cancel your account on our website using your account control panel on the website.

 

8.         Your content: licence

 

8.1     In these terms and conditions, "your content" means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

 

8.2     You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

 

8.3     You grant to us the right to sub-license the rights licensed under Section 9.2.

 

8.4     You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

 

8.5     You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

 

8.6     You may edit your content to the extent permitted using the editing functionality made available on our website.

 

8.7     Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

9.         Your content: rules

 

9.1     You warrant and represent that your content will comply with these terms and conditions.

 

9.2     Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

 

9.3     Your content, and the use of your content by us in accordance with these terms and conditions, must not:

 

(a)      be libellous or maliciously false;

 

(b)      be obscene or indecent;

 

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

 

(d)      infringe any right of confidence, right of privacy or right under data protection legislation;

 

(e)      constitute negligent advice or contain any negligent statement;

 

(f)      constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

 

(g)      be in contempt of any court, or in breach of any court order;

 

(h)      be in breach of racial or religious hatred or discrimination legislation;

 

(i)       be blasphemous;

 

(j)      be in breach of official secrets legislation;

 

(k)      be in breach of any contractual obligation owed to any person;

 

(l)       depict violence, in an explicit, graphic or gratuitous manner;

 

(m)     be pornographic, lewd, suggestive or sexually explicit;

 

(n)      be untrue, false, inaccurate or misleading;

 

(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

 

(p)      constitute spam;

 

(q)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

 

(r)      cause annoyance, inconvenience or needless anxiety to any person.

 

10.      Limited warranties

 

10.1    We do not warrant or represent:

 

(a)      the completeness or accuracy of the information published on our website;

 

(b)      that the material on the website is up to date; or

 

(c)      that the website or any service on the website will remain available.

 

10.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

 

10.3    To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

11.      Limitations and exclusions of liability

 

11.1    Nothing in these terms and conditions will:

 

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

 

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

 

(c)      limit any liabilities in any way that is not permitted under applicable law; or

 

(d)      exclude any liabilities that may not be excluded under applicable law.

 

11.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

 

(a)      are subject to Section 12.1; and

 

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

11.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

11.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

11.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

11.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

11.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

11.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

11.9  Detail Central shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Detail Central has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

12.      Breaches of these terms and conditions

 

12.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

 

(a)      send you one or more formal warnings;

 

(b)      temporarily suspend your access to our website;

 

(c)      permanently prohibit you from accessing our website;

 

(d)      block computers using your IP address from accessing our website;

 

(e)      contact any or all your internet service providers and request that they block your access to our website;

 

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

 

(g)      suspend or delete your account on our website.

 

12.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

13.      Variation

 

13.1    We may revise these terms and conditions from time to time.

 

13.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

 

13.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 

14.      Assignment

 

14.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

 

14.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

15.      Severability

 

15.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

15.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

16.      Third party rights

 

16.1    These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

 

16.2    The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

 

17.      Entire agreement

 

17.1    Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

18.      Law and jurisdiction

 

18.1    These terms and conditions shall be governed by and construed in accordance with [English law].

 

18.2    Any disputes relating to these terms and conditions shall be subject to the exclusive / non-exclusive governed by and construed in accordance with the laws of the State of Victoria without reference to conflict of law principles.

 

19.          Payment

 

19.1             The Customer agrees to pay all amounts due in clear funds within the agreed timeframe but no later than 7 days from the date of invoice.

 

19.2             The Customer agrees that if it fails to pay in accordance with this clause, the Company may:

 

(a)         Charge a late payment fee of $50.00 on all amounts paid after the due date;

 

(b)         Charge interest on debts at 15% per annum from time to time;

 

(c)         Charge a dishonour handling fee in the amount of $25.00;

 

(d)         Recover all collection and legal costs and expenses incurred in collecting overdue accounts on an indemnity basis;

 

(e)         Withhold supply;

 

(f)          Sue for the money owing on the Goods or services provided.

 

(g)         Remove any discounts or promotion value from the invoice.

 

19.3             Failure to comply with clause 8.1 will constitute a breach of contract and the Company may treat the whole Agreement as repudiated and act accordingly.

 

19.4             In the event this agreement has been entered into by more than one party each party shall be jointly and severely liable for any amount due.

 

 20.                   Default

 

 

 

 

 

20.1    If the Customer:

 

(a)         Fails to pay for any Goods or services on the due date; or

 

(b)         Otherwise breached this agreement and failed to rectify such breach within seven days’ notice; or

 

(c)         Cancel delivery of Goods or services; or

 

(d)         Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Customer or any of its property; or

 

(e)         Allow a judgment or order to be enforced or become enforceable against the Customer’s property; or

 

(f)          Permits proceedings to be commenced to wind the Customer up or controller, receiver, administrator, liquidator or similar officers appointed to the Customer in respect of any part of its property;

 

then the Company may enter upon the Customer’s premises (doing all that is necessary to gain access) where Goods supplied under this contract are situated at any time and re-take possession of any or all of the Goods the Company has supplied to the Customer and:

 

(i)          Resell the Goods concerned;

 

(ii)         Terminate the agreement; and

 

(iii)        Sue for any monies owing.

 

20.2    The Customer will be in default if the Customer does not pay any monies payable when called upon so to do the Customer and the Guarantor(s) jointly and severally acknowledge and agree that the Company is authorised to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of either the Customer or the Guarantor(s) or both.

 

20.3    The Customer and the Guarantor(s) jointly and severally authorise the Company to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.

 

20.4    The Company reserves the right to report a Customer's delinquent account to a credit reporting agency should payment remain outstanding for more than 60 days. In addition the Company may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Customer acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day the Company refers the matter to their nominated debt collection agency. The Customer shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own Customer or indemnity cost basis.

 

 

 

 21.            Title

 

21.1    Until all monies and obligations owing by the Customer to the Company from time to time have been paid and discharged in full, the Company shall retain all legal and beneficial title in all Goods.

 

21.2    If Goods to which legal title has not passed to the Customer are in the possession of the Customer, the Customer is under an obligation to:

 

21.2.1       retain them in a good and merchantable condition until they are either paid for or collected by the Company; and

 

21.2.2       allow the Company, its servants or agents onto the premises where they are stored for the purpose of inspecting and collecting the Goods.

 

21.3    In relation to Goods for which payment in full has not been received:

 

21.3.1       The relationship between the Customer and the Company shall be fiduciary;

 

21.3.2       The Customer will hold those Goods as bailee for the Company;

 

21.3.3       Where the Customer sells those Goods, the Customer does so as fiduciary agent of the Company;

 

21.3.4       Where the Goods are disposed of, the monies resulting from the disposal and all other proceeds received in respect of the Goods, including insurance proceeds will be kept separately in trust for the Company;

 

21.3.5       Where the Goods are disposed of, the Customer may only dispose of the Goods in the ordinary course of its business on commercially reasonable terms;

 

21.3.6       The Customer undertakes that until it delivers the Goods to a third party, it will store the Goods on its premises separately from its own Goods, or those of any other person, and in a manner, which makes the Goods readily identifiable as the Company’s Goods.

 

 

 

 

 

 

 

22.      Our details

 

22.1    This website is owned and operated by Detail Central PTY LTD

 

22.2    We are registered in Victoria, Australia under Australian Business registration number 75619828330, and our registered office is at 66A Access Way Carrum Downs Victoria 3201.

 

22.3    Our principal place of business is at 66A Access Way Carrum Downs Victoria 3201.

 

22.4    You can contact us by writing to the business address given above, by using our website contact form, by email to info@detailcentral.com.au or by telephone on 0458966399.

 

23.      Terms Credit

 

23.1    This document was created using a template from SEQ Legal (http://www.seqlegal.com).

 

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